AKSHUNYA ENERGY PVT. LTD. Vs. THE CHAIRMAN, RAJASTHAN RENEWABLE ENERGY CORPORATION LTD.
LAWS(RAJ)-2017-12-155
HIGH COURT OF RAJASTHAN
Decided on December 05,2017

Akshunya Energy Pvt. Ltd. Appellant
VERSUS
The Chairman, Rajasthan Renewable Energy Corporation Ltd. Respondents

JUDGEMENT

M.N.BHANDARI,J. - (1.) With the consent of the parties, writ petitions was heard finally.
(2.) A policy for Promotion of Electricity from Non-Conventional Energy Sources, 2004 was brought by the respondents. The petitioners applied for establishment of a solar power plant with the capacity of 100 MW. The petitioners got registration on payment of Rs. 25,000/- per MW apart from taxes. It was after the modification in the policy on 19.01.2007.
(3.) They deposited Rs. 25 lakh towards registration charges and Rs. 2,50,000/- towards taxes etc. After registration, the Jawahar Lal Nehru National Solar Mission came and, according to it, the establishment of a solar power plant of 100 MW was not permissible. The State of Rajasthan was allocated only 20 MW therein. Accordingly, each applicant registered with the respondents was permitted to install solar power plant with a capacity of only 1 mega watt. The aforesaid was not viable for the petitioners thus they prayed for refund of the amount of registration taken for 100 MW. It has been denied by the impugned order dated 06.03.2014. It is in terms of Clause 13.2 of the policy.;


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